02 Oct September 2026 US Immigration Updates: H-1B Changes, Expanded Visa Screening and New Filing Rules
DHS Proposes to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers Upon Cessation of Employment Before Authorized Stay Expires
On September 11, 2026, the Department of Homeland Security (DHS) issued a proposed rule to eliminate the 60-day grace period after cessation of employment before the expiration of a nonimmigrant worker’s authorized period of stay. This includes those with E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrant classifications.
Written comments must be submitted by November 10, 2026.
Federal Court Postpones Effective Date of Final Rule Limiting Duration of Status for F, J, I Nonimmigrants
On September 14, 2026, a federal court in Massachusetts issued a preliminary injunction postponing the effective date of a Department of Homeland Security (DHS) final rule that would have replaced duration-of-status (D/S) admissions for F, J, and I nonimmigrants with fixed admission periods beginning September 15, 2026. The ruling preserves the existing D/S framework while the litigation proceeds, affecting students, exchange visitors, foreign media representatives, sponsoring institutions, and employers.
In granting preliminary relief, the court found that the plaintiffs were likely to succeed on the merits of their Administrative Procedure Act claim. That finding is preliminary and does not constitute a final ruling on the validity of the rule. The court scheduled a status conference for October 2, 2026.
The order enjoins DHS from taking further action to implement the rule while litigation proceeds. The court denied requests for vacatur (invalidating the rule) and summary judgment without prejudice, meaning those requests may be renewed later in the course of litigation.
Practitioners recommend that employers coordinate with immigration counsel and affected employees before making status, travel, or filing decisions that assume the fixed admission period rule is in effect, since D/S remains the controlling framework. Employers who sponsor F, J, or I visa holders should notify their HR teams, hiring managers, and affected employees that current D/S rules remain in effect until further notice. This update does not change any prior requirements regarding F-1 employment authorization, such as filing timeframes to apply for post-completion Optional Practical Training (OPT) or STEM-OPT extensions, and it does not change I-9 requirements for these forms of employment authorization. Employers, designated school officials, exchange visitor program officers, and international offices are advised to confer with immigration counsel to identify which steps remain appropriate under the current framework.
DOS Expands Online ‘Screening and Vetting’ of Visa Applicants
On September 18, 2026, the Department of State (DOS) announced that effective October 1, 2026, the agency will “broaden its online presence review” to cover applicants in additional nonimmigrant visa classifications: I (foreign media representatives), TN (U.S.-Mexico-Canada Agreement [USMCA] professionals), and TD (USMCA dependents).
To support this “vetting” process, DOS will instruct all applicants for I, TD, and TN nonimmigrant visas “to set the privacy settings on all of their social media profiles to ‘public’ or ‘open.’ ”
DOS said that the latest announcement expands, to the applicants above, the vetting that currently applies to the following visa categories:
- Diplomatic and official visas: A-3, C-3 (if a domestic worker), G-5
- Students: F-1, M-1, F-2, M-2
- Temporary workers and trainees: H-1B, H-3, H-4 dependents of H1-B and H-3
- Exchange visitors: J-1, J-2
- Fiancé(e)s and dependents: K-1, K-2, K-3
- International cultural exchange participants: Q
- Religious occupations: R-1, R-2
- Witnesses, informants, and victims: S, T, U
Trump Orders New H-1B Restrictions/Reviews and Extends $100,000 Fee for New H-1B Nonimmigrant Applications
President Trump issued an executive order and a proclamation that, together, impose new H-1B restrictions, direct the Secretary of Labor to review previously submitted labor condition applications, and extend through September 21, 2027, the $100,000 payment requirement tied to certain new H-1B petitions for workers outside the United States.
Below are highlights of the order and proclamation:
- On September 18, 2026, President Trump signed the executive order, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program. The order directs the Secretaries of State, Labor, and Homeland Security to “take into account in any labor condition application, petition, visa, and entry of aliens entering or attempting to enter the United States as H-1B nonimmigrants to perform services in a specialty occupation whether the employer sponsor directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers.”
The order also directs the Secretary of Labor, through the Wage and Hour Division, to “begin reviewing data related to previously submitted labor condition applications to determine whether further action against sponsoring employers is warranted.”
- On September 19, 2026, President Trump issued the proclamation, Restriction on Entry of Certain Nonimmigrant Workers, which extends his $100,000 fee on new H-1B nonimmigrant visa applications to September 21, 2027, with certain exceptions, such as for the national interest. Litigation over the $100,000 fee by the U.S. Chamber of Commerce and others remains pending.
USCIS Narrows Weekend and Holiday Filing-Deadline Rule
- On September 23, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert clarifying when a filing deadline that falls on a Saturday, Sunday, or federal holiday moves to the next business day. Effective October 23, 2026, the extension will apply only when a statute, regulation, or form instruction establishes the deadline in terms of a specified number of days. For example, if the last day of a 30-day filing period falls on a federal holiday, a paper filing received by USCIS on the next business day will generally be timely.
- The next-business-day rule will not apply, however, when eligibility is tied to a birthday, age cutoff, or another requirement not expressed as a number of days. Thus, a filing that must be made before a child’s 21st birthday must be received before that birthday even if it falls on a weekend or federal holiday. The alert indicates that the same distinction applies to the one-year asylum filing requirement, which is measured by the anniversary of the applicant’s arrival rather than by a stated number of days. The new guidance reverses USCIS’s broader 2023 policy, so practitioners should file age- and anniversary-based applications before the controlling date rather than rely on the next business day.
This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.
Catherine Betancourt is a Partner at Flynn Hodkinson, a specialist US immigration law firm in London, where she advises individual and corporate clients on moving to and working in the United States.
Her primary focus is consular processing of immigrant and nonimmigrant visas at US Embassies and Consulates worldwide, with particular expertise in the employment-based and treaty-based routes, including the E-1 Treaty Trader and E-2 Treaty Investor visas, most relevant to UK and Irish businesses relocating people to the US.
1. Has the 60-day grace period for nonimmigrant workers been eliminated?
No. The Department of Homeland Security proposed eliminating the 60-day grace period for certain nonimmigrant workers whose employment ends before their authorized stay expires. The proposal covers classifications including E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN. It is a proposed rule rather than a final change, and written comments are due by November 10, 2026.
2. Are F, J, and I visa holders now subject to fixed periods of admission instead of duration of status?
Not at present. A federal court issued a preliminary injunction postponing implementation of the DHS rule that would have replaced duration-of-status admissions for F, J, and I nonimmigrants with fixed admission periods. The existing duration-of-status framework remains in effect while the litigation continues.
3. Has the State Department expanded social media screening for visa applicants?
Yes. Beginning October 1, 2026, the Department of State expanded its online presence review to applicants for I, TN, and TD nonimmigrant visas. Applicants in those categories will be instructed to set their social media profiles to “public” or “open” for the vetting process.
4. What changed for H-1B employers in September 2026?
New measures direct federal agencies to consider whether an H-1B sponsoring employer has engaged in layoffs during the previous year or plans layoffs affecting similarly situated U.S. workers. The Department of Labor was also directed to review data from previously submitted labor condition applications to determine whether further action may be warranted.
5. Does the $100,000 H-1B payment requirement still apply?
The September 19, 2026 proclamation extends the $100,000 payment requirement associated with certain new H-1B petitions for workers outside the United States through September 21, 2027. Certain exceptions may apply, including national-interest exceptions, and litigation concerning the requirement remains pending.
6. What happens if a USCIS filing deadline falls on a weekend or federal holiday?
Beginning October 23, 2026, the next-business-day rule will generally apply only when the relevant statute, regulation, or form instruction defines the deadline as a specific number of days. For example, if the final day of a 30-day filing period falls on a federal holiday, a qualifying paper filing received on the next business day may generally be treated as timely.
7. Does the next-business-day rule apply to age-based or anniversary-based immigration deadlines?
No. USCIS has stated that the rule will not apply where eligibility depends on a birthday, age limit, anniversary, or similar deadline that is not expressed as a specific number of days. For example, an application that must be filed before a child turns 21 must be received before the birthday even when that date falls on a weekend or federal holiday. The same distinction applies to the one-year asylum filing requirement described in the USCIS guidance.
8. What should employers do in response to these September immigration changes?
Employers should review whether any sponsored employees may be affected by the new or proposed rules, particularly employees in H-1B and other temporary worker classifications. For F, J, and I visa holders, the current duration-of-status framework remains in effect while litigation continues, so employers should avoid making status, travel, or filing decisions based on the postponed fixed-period rule without first confirming the current requirements.
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